The probable inclusion of the presumption of salaried status and the reversal of the burden of proof in the future proposal for a directive on the protection of platform workers, which is due to be presented on Wednesday 8 December, would appear not to be to France’s liking, according to several sources consulted on Monday 29 and Tuesday 30 November.
The European Commission would indeed seem to be leaning towards the position of the European Parliament in the report defended by Sylvie Brunet (Renew Europe, France), by integrating both the rebuttable presumption of salaried status and a reversal of the burden of proof (see EUROPE 12792/11).
However, France, which is preparing to take over the Presidency of the EU Council, is, according to several sources, rather favourable to the introduction of the reversal of the burden of proof - i.e. in the event of a dispute, it would be up to the employer to prove that there is no employment relationship with the worker - but less enthusiastic about the presumption of salaried status.
During a debate in the National Assembly on 28 September, the French Minister for Labour and Employment, Elisabeth Borne, stated that the European Parliament had never included the presumption of salaried status in its report (point 4, motion to reject: https://bit.ly/3lk3Sw8 - in French).
Thus, although the French priorities are not yet officially known, there is reportedly a stronger appetite to move forward on the minimum wage directive (inter-institutional negotiations are expected to start under the French Presidency - see EUROPE 12840/18) than on the platform workers directive, several sources have confirmed.
Protection of the self-employed
According to our information, guidelines (therefore non-binding), being prepared under the leadership of Executive Vice-President Margrethe Vestager, to allow self-employed platform workers to consult and be represented without falling foul of competition rules on illegal cartels, should also be presented on 8 December. (Original version in French by Pascal Hansens)